The Veteran's claims for service connection were denied. Bilateral hearing loss was not shown until many years after service, and the preponderance of the competent evidence of record is against a finding that the currently diagnosed condition is related to active duty service. The low back disability was not incurred in or aggravated by active service and was not caused or aggravated by a service-connected left ankle fracture with degenerative joint disease. The Veteran's request for withdrawal on his claim for residuals of a hiatal hernia was granted.
The deciding factor: The preponderance of the evidence is against a finding that bilateral hearing loss, low back disability (characterized as low back pain with radiculopathy), or residuals of a hiatal hernia are related to active service. The Veteran's left ankle fracture with degenerative joint disease did not cause or aggravate his low back disability.
- Claimed conditions
- Bilateral Hearing Loss, Low Back Disability (characterized as low back pain with radiculopathy), Hiatal Hernia Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2010
- Citation
- 1045009
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1045009.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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